Torture

(asked on 10th June 2020) - View Source

Question to the Ministry of Defence:

To ask the Secretary of State for Defence, whether it is Government policy that the (a) prohibition of torture is absolute and (b) obligation to prosecute torture is absolute.


Answered by
Johnny Mercer Portrait
Johnny Mercer
Minister of State (Cabinet Office) (Minister for Veterans' Affairs)
This question was answered on 15th June 2020

The Government is committed to its obligations under the UN Convention Against Torture (UNCAT). There is an absolute prohibition of torture under international law. The UNCAT requires each State Party to ensure that all acts of torture are listed as offences under its criminal law, however the prosecution of any crime is never automatic. The statutory presumption in the Overseas Operations (Service Personnel and Veterans) Bill does not act as a pardon, amnesty or statute of limitations. Prosecutors will continue to have discretion on whether to prosecute for criminal offences, including torture, taking into account factors such as sufficiency of evidence and public interest.

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